David Wilk Obtains Complete Dismissal of Claims Under the Equal Pay Act, Title VII and the Minnesota Human Rights Act

DAVID WILK OBTAINS COMPLETE DISMISSAL OF CLAIMS UNDER THE EQUAL PAY ACT, TITLE VII AND THE MINNESOTA HUMAN RIGHTS ACTDavid Wilk today obtained complete dismissal of claims under the Equal Pay Act, Title VII and the Minnesota Human Rights Act against a Fortune 500 client of Larson · King. The plaintiff was a former head grocery buyer who alleged that she was paid less than two male employees who performed equal work. Judge Patrick Schiltz found that the two males who made more money than plaintiff were not proper comparators for two reasons. First, they did not work in the same “establishment” as plaintiff because plaintiff failed to overcome the “ordinary and well settled rule” that physically distinct locations are different “establishments” for purposes of the EPA. Second, plaintiff did not perform work equal to that of the two alleged comparators. The Court’s opinion can be found at 2011 WL 1467579 (D. Minn. Apr. 18, 2011) and by clicking here.